19 Nov

Injured in a Car Accident Involving an Uber or Lyft Driver?

by in Accidents
Our Boston rideshare accident lawyers discuss car accidents involving an Uber or Lyft driver

Have you been injured in a car accident while being transported by an Uber or Lyft driver? Boston is one of the biggest markets for riding hailing services. Many people in Boston use phone apps to catch a ride to the airport, go to Cambridge or Brookline or get across town late at night after the T has stopped running. But accidents still happen. If you have been injured in an accident involving an Uber or Lyft driver, you may be entitled to seek compensation for your injuries. If you try to handle the injury claim yourself, you may find it frustrating trying to file a claim. Uber and Lyft may deny liability, try to shift the blame or make the claims process as difficult and drawn out as possible to try to make you give up and go away.

At Kelly & Soto, our knowledgeable Boston Lyft accident lawyers work relentlessly to pursue justice for our clients who have claims involving ride-hailing services, which also are known as transportation network companies. Our Uber accident attorneys have experience handling accident claims involving issues of Uber liability and Lyft liability. We work directly with a client rather than referring you to a paralegal and will respond to your questions. We offer a free car accident evaluation to help you understand what your legal options are and what your car accident claim is worth.

Understanding Which Insurance Policy Applies To A Crash Involving A Rideshare Driver

If you are in a traffic accident involving an Uber driver or Lyft, the accident has the potential to be more complicated to resolve than a typical fender bender. Ride-sharing services and the role of independent contractors as drivers raise questions of who is liable and whose insurance takes priority when an accident occurs.

Most drivers who work for ride-hailing services such as Uber and Lyft are independent contractors. They have both personal auto liability insurance and commercial insurance coverage. Which insurance policy applies depends on their activity at the time. The applicable liability insurance depends on the status of the driver.

Drivers who work as drivers for ride-hailing companies are required by Massachusetts law to carry personal automobile liability insurance on their vehicles. If a driver is using the car for a personal errand when the driver causes an accident, then the driver’s personal auto liability insurance should cover damages. But personal auto insurance policies typically do not provide coverage when the driver is using a personal vehicle to transport passengers for a fee.

Uber and Lyft provide insurance coverage to drivers from the time the driver accepts a ride until the ride is completed. Both Lyft and Uber provide up to $1 million in liability protection while drivers are carrying passengers if a passenger is injured. Uber and Lyft also provide uninsured motorist insurance protection if another driver who is uninsured or underinsured causes an accident involving bodily injuries to a passenger in the ride-sharing vehicle.

The situation is different if the Uber driver is on the clock but has not accepted a ride or is between trips. Some independent drivers sign up to work for multiple ride-sharing companies, complicating the question of liability. A driver may be available to accept rides from Uber or Lyft.

Uber provides third party liability insurance when drivers are involved in accidents between trips. The policies cover up to $50,000 in bodily injuries per individual per accident with a total of $100,000 per accident. But the coverage only applies if the driver’s personal insurances does not provide benefits. Accessing that insurance may be complicated.

Drivers in Massachusetts also may purchase special insurance that covers them as ride-sharing drivers from the time they turn on a ride-hailing app until they actually accept a ride-hailing request. In 2015, the Massachusetts Division of Insurance announced the availability of insurance provided by USAA to fill the gaps in coverage while drivers are working for ride-hailing services and waiting for a ride request.

Contact Boston Rideshare Accident Attorney Who Understands Uber and Lyft Liability Issues

Having a knowledgeable Uber accident lawyer provide trusted guidance after a serious accident can relieve some of the stress and uncertainty that you are feeling.

The attorneys at Kelly & Soto are dedicated to providing personalized legal service to people in the Boston area. We recognize that a serious car accident disrupts your life and creates financial stress if you are unable to work and earn income. We will review the types of injuries that you have sustained and how the injuries affect your ability to work. If your injuries will cause a permanent disability or leave you out of work for an extended period of time, we will compute your present losses and forecast your future losses. We will identify all the potentially liable parties and their insurance policies that may provide compensation.

Contact a Boston rideshare accident lawyer at Kelly & Soto to learn how we can help with your Uber accident claim or Lyft accident claim. Allow us to provide you with a case evaluation free of charge and without obligation.